[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1478 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 1478
To provide the United States Government with additional tools to deter
state and non-state actors from wrongfully detaining United States
nationals for political leverage, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 10, 2025
Mr. Risch (for himself and Mr. Coons) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To provide the United States Government with additional tools to deter
state and non-state actors from wrongfully detaining United States
nationals for political leverage, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Countering
Wrongful Detention Act of 2025''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DETERRING AND PREVENTING UNLAWFUL OR WRONGFUL DETENTION
Sec. 101. Designation of a foreign country as a State Sponsor of
Unlawful or Wrongful Detention.
Sec. 102. Required certification regarding international travel
advisories.
TITLE II--STRENGTHENING PROCESSES AND SERVICES FOR HOSTAGES AND
UNLAWFUL OR WRONGFUL DETAINEES
Sec. 201. Advisory Council on Hostage Taking and Unlawful or Wrongful
Detention.
Sec. 202. Congressional Report on Components Related to Hostage Affairs
and Recovery.
TITLE I--DETERRING AND PREVENTING UNLAWFUL OR WRONGFUL DETENTION
SEC. 101. DESIGNATION OF A FOREIGN COUNTRY AS A STATE SPONSOR OF
UNLAWFUL OR WRONGFUL DETENTION.
The Robert Levinson Hostage Recovery and Hostage-Taking
Accountability Act (22 U.S.C. 1741 et seq.) is amended by inserting
after section 306 the following:
``SEC. 306A. DESIGNATION OF A FOREIGN COUNTRY AS A STATE SPONSOR OF
UNLAWFUL OR WRONGFUL DETENTION.
``(a) In General.--Subject to the notice requirement of subsection
(c)(1)(A), the Secretary of State, in consultation with the heads of
other relevant Federal agencies, may designate a foreign country that
has provided support for or directly engaged in the unlawful or
wrongful detention of a United States national as a State Sponsor of
Unlawful or Wrongful Detention based on any of the following criteria:
``(1) The unlawful or wrongful detention of a United States
national occurs in the foreign country.
``(2) The government of the foreign country or an entity
organized under the laws of a foreign country has failed to
release an unlawfully or wrongfully detained United States
national within 30 days of being officially notified by the
Department of State of the unlawful or wrongful detention.
``(3) Actions taken by the government of the foreign
country indicate that the government is responsible for,
complicit in, or materially supports the unlawful or wrongful
detention of a United States national, including by acting as
described in paragraph (2) after having been notified by the
Department of State.
``(4) The actions of a state or nonstate actor in the
foreign country, including any previous action relating to
unlawful or wrongful detention or hostage taking of a United
States national, pose a risk to the safety and security of
United States nationals abroad sufficient to warrant
designation of the foreign country as a State Sponsor of
Unlawful or Wrongful Detention, as determined by the Secretary.
``(b) Termination of Designation.--The Secretary of State may
terminate the designation of a foreign country under subsection (a) if
the Secretary certifies to Congress that the government of the foreign
country--
``(1) has released the United States nationals unlawfully
or wrongfully detained within the territory of the foreign
country;
``(2) has positively contributed to the release of United
States nationals taken hostage within the territory of the
foreign country or from the custody of a nonstate entity;
``(3) has demonstrated changes in leadership or policies
with respect to unlawful or wrongful detention and hostage
taking; or
``(4) has provided assurances that the government of the
foreign country will not engage or be complicit in or support
acts described in subsection (a).
``(c) Briefing and Reports to Congress; Publication.--
``(1) Reports to congress.--
``(A) In general.--Not later than 7 days prior to
making a designation of a foreign country as a State
Sponsor of Unlawful or Wrongful Detention under
subsection (a), the Secretary of State shall submit to
the appropriate committees of Congress a report that
notifies the committees of the proposed designation.
``(B) Elements.--In each report submitted under
subparagraph (A) with respect to the designation of a
foreign country as a State Sponsor of Unlawful or
Wrongful Detention, the Secretary shall include--
``(i) the justification for the
designation; and
``(ii) a description of any action taken by
the United States Government, including the
Secretary of State or the head of any other
relevant Federal agency, in response to the
designation to deter the unlawful or wrongful
detention or hostage-taking of foreign
nationals in the country.
``(2) Initial briefing required.--Not later than 60 days
after the date of the enactment of this section, the Secretary
shall brief Congress on the following:
``(A) Whether any of the following countries should
be designated as a State Sponsor of Unlawful or
Wrongful Detention under subsection (a):
``(i) Afghanistan.
``(ii) Eritrea.
``(iii) The Islamic Republic of Iran.
``(iv) The People's Republic of China.
``(v) The Russian Federation.
``(vi) The Syrian Arab Republic or any
transitional government therein.
``(vii) Venezuela under the regime of
Nicolas Maduro.
``(viii) The Republic of Belarus.
``(B) The steps taken by the Secretary and the
heads of other relevant Federal agencies to deter the
unlawful and wrongful detention of United States
nationals and to respond to such detentions,
including--
``(i) any engagement with private sector
companies to optimize the distribution of
travel advisories; and
``(ii) any engagement with private
companies responsible for promoting travel to
foreign countries engaged in the unlawful or
wrongful detention of United States nationals.
``(C) An assessment of a possible expansion of
chapter 97 of title 28, United States Code (commonly
known as the `Foreign Sovereign Immunities Act of
1976') to include an exception from asset seizure
immunity for State Sponsors of Unlawful or Wrongful
Detention.
``(D) A detailed plan on the manner by which a
geographic travel restriction could be instituted
against State Sponsors of Unlawful or Wrongful
Detention.
``(E) The progress made in multilateral fora,
including the United Nations and other international
organizations, to address the unlawful and wrongful
detention of United States nationals, in addition to
nationals of partners and allies of the United States
in foreign countries.
``(3) Annual briefing.--Not later than one year after the
date of the enactment of this section, and annually thereafter
for 5 years, the Assistant Secretary of State for Consular
Affairs and the Special Presidential Envoy for Hostage Affairs
shall brief the appropriate committees of Congress with respect
to unlawful or wrongful detentions taking place in the
countries listed under paragraph (2)(A) and actions taken by
the Secretary of State and the heads of other relevant Federal
agencies to deter the wrongful detention of United States
nationals, including any steps taken in accordance with
paragraph (2)(B).
``(4) Publication.--The Secretary shall make available on a
publicly accessible website of the Department of State, and
regularly update, a list of foreign countries designated as
State Sponsors of Unlawful or Wrongful Detention under
subsection (a).
``(d) Review of Available Responses to State Sponsors of Unlawful
or Wrongful Detention.--Upon designation of a foreign country as a
State Sponsor of Unlawful or Wrongful Detention under subsection (a),
the Secretary of State, in consultation with the heads of other
relevant Federal agencies, shall conduct a comprehensive review of the
use of existing authorities to respond to and deter the unlawful or
wrongful detention of United States nationals in the foreign country,
including--
``(1) sanctions available under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.);
``(2) visa restrictions available under section 7031(c) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2024 (division F of Public Law
118-47; 8 U.S.C. 1182 note) or any other provision of Federal
law;
``(3) sanctions available under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.);
``(4) imposition of a geographic travel restriction on
citizens of the United States;
``(5) restrictions on assistance provided to the government
of the country under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) or any other provision of Federal law;
``(6) restrictions on the export of certain goods to the
country under the Arms Export Control Act (22 U.S.C. 2751 et
seq.), the Export Control Reform Act of 2018 (50 U.S.C. 4801 et
seq.), or any other Federal law; and
``(7) designating the government of the country as a
government that has repeatedly provided support for acts of
international terrorism pursuant to--
``(A) section 1754(c)(1)(A)(i) of the Export
Control Reform Act of 2018 (50 U.S.C.
4813(c)(1)(A)(i));
``(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
``(C) section 40(d) of the Arms Export Control Act
(22 U.S.C. 2780(d)); or
``(D) any other provision of law.
``(e) Appropriate Committees of Congress Defined.--In this
paragraph, the term `appropriate committees of Congress' means--
``(1) the Committee on Foreign Relations and the Committee
on Appropriations of the Senate; and
``(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
``(f) Rule of Construction.--Nothing in this section shall be
construed to imply that the United States Government formally
recognizes any particular country or the government of such country as
legitimate.''.
SEC. 102. REQUIRED CERTIFICATION REGARDING INTERNATIONAL TRAVEL
ADVISORIES.
(a) In General.--Chapter 423 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 42309. Required certification regarding international travel
advisories
``(a) In General.--An air carrier, foreign air carrier, or ticket
agent who sells, in the United States, a ticket for foreign air
transportation of a passenger to a country or other geographic area
with a `D' or `K' indicator issued by the Department of State Travel
Advisory System shall require the passenger listed on the ticket to
certify that the passenger--
``(1) has reviewed the travel advisory of the Department of
State applicable to such country or other geographic area; and
``(2) understands the risks involved with traveling to such
country or other geographic area.
``(b) Definitions.--For purposes of this section:
``(1) `D' indicator.--The term ```D'' indicator' means a
travel advisory issued by the Department of State that
indicates a risk of wrongful detention of a United States
national.
``(2) `K' indicator.--The term ```K'' indicator' means a
travel advisory issued by the Department of State that
indicates a criminal or terrorist individual or group has
threatened to seize, detain, kill, or injure individuals (or
has seized, detained, killed, or injured individuals) to compel
a third party (including a governmental organization) to meet
certain requirements as a condition of release.''.
(b) Clerical Amendment.--The analysis for chapter 423 of title 49,
United States Code, is amended by inserting after the item relating to
section 42308 the following:
``42309. Required certification regarding international travel
advisories.''.
TITLE II--STRENGTHENING PROCESSES AND SERVICES FOR HOSTAGES AND
UNLAWFUL OR WRONGFUL DETAINEES
SEC. 201. ADVISORY COUNCIL ON HOSTAGE-TAKING AND UNLAWFUL OR WRONGFUL
DETENTION.
The Robert Levinson Hostage Recovery and Hostage-Taking
Accountability Act (22 U.S.C. 1741 et seq.), as amended by section 101,
is further amended by inserting after section 305B the following:
``SEC. 305C. ADVISORY COUNCIL ON HOSTAGE TAKING AND UNLAWFUL OR
WRONGFUL DETENTION.
``(a) Establishment.--The President shall establish an advisory
council, to be known as the `Advisory Council on Hostage Taking and
Unlawful or Wrongful Detention' (in this section referred to as the
`Advisory Council'), to advise the Special Presidential Envoy for
Hostage Affairs, the Hostage Response Group, and the Hostage Recovery
Fusion Cell with respect to Federal policies regarding hostage-taking
and unlawful or wrongful detention.
``(b) Membership.--
``(1) In general.--The President shall invite individuals
to the Advisory Council, which shall be comprised of--
``(A) United States nationals who have been
unlawfully or wrongfully detained or taken hostage
abroad;
``(B) family members of such United States
nationals; and
``(C) not fewer than 2 experts on areas including
hostage-taking, wrongful detention, international
relations, rule of law, and counterterrorism who have
been recommended by the Secretary of State.
``(2) Terms.--The term of a member of the Advisory Council
shall be 3 years.
``(3) Compensation and travel expenses.--A member of the
Advisory Council shall not be considered a Federal employee and
shall not be compensated for service on the Advisory Council,
but may be allowed travel expenses, including per diem in lieu
of subsistence, in accordance with subchapter I of chapter 57
of title 5, United States Code.
``(c) Annual Reports.--Not later than 1 year after the date of the
enactment of this section, and annually thereafter, the Advisory
Council shall submit to the President and the appropriate congressional
committees a report setting forth the recommendations of the Advisory
Council.
``(d) Termination.--The Advisory Council shall terminate on the
date that is 10 years after the date of the enactment of this
section.''.
SEC. 202. CONGRESSIONAL REPORT ON COMPONENTS RELATED TO HOSTAGE AFFAIRS
AND RECOVERY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to Congress a report
on the following:
(1) The Hostage Response Group established pursuant to
section 305(a) of the Robert Levinson Hostage Recovery and
Hostage-Taking Accountability Act (22 U.S.C. 1741c(a)).
(2) The Hostage Recovery Fusion Cell established pursuant
to section 304(a) of that Act (22 U.S.C. 1741b(a)).
(3) The Office of the Special Presidential Envoy for
Hostage Affairs established pursuant to section 303(a) of that
Act (22 U.S.C. 1741a(a)).
(b) Elements.--The report required by subsection (a) shall
include--
(1) a description of the existing structure of each
component listed in subsection (a);
(2) recommendations on how the components can be improved,
including through reorganization or consolidation of the
components; and
(3) cost efficiencies on the components listed in
subsection (a), including resources available to eligible
former wrongful detainees and hostages and their family
members.
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